UU 15 2001 - UU Merek - English - Trademark Law2001 - 15e
UU 15 2001 - UU Merek - English - Trademark Law2001 - 15e
UU 15 2001 - UU Merek - English - Trademark Law2001 - 15e
9A
( L a w N o . 1 5 / 2 0 0 1 d a t e d A u g u s t 1,2001)
BY T H E G R A C E O F G O D A L M I G H T Y
THE
P R E S I D E N T O F T H E REPUBLIC O F INDONESIA,
Considering:
a.
c.
19/1992 o n mark;
intellectual
Directorate General
of
property
In view of:
1. Article 5 paragraph (1), Article 20 and Article 33 of the
Constitution of 1945;
2.
expertise.
8.
HOUSE O F REPRESENTATIVES OF
THE
R E P U B L I C O F INDONESIA
D E C I D E S :
of
To stipulate :
LAW O N MARK
PROVISION
Article 1
Referred to in this law as:
1. . lark is a sign in the form of picture, name, word, letters, figures, configuration of colors or combination of
the said e l e m e n t s which has distinguishabiiity and is
used in trading activities of goods and services.
2. Trade mark is a mark used in goods traded by somebody or several p e r s o n s collectively or statutory b o dies for distinguishing the goods from other goods of
the s a m e kind.
3. Service mark is a mark used in services traded by s o m e body or several persons collectively or statutory b o dies for distinguishing the services from other goods of
the s a m e kind.
4. Collective mark is a mark used in goods and/or services of the s a m e characteristics which are traded by
s o m e b o d y or several persons collectively or statutory
bodies for distinguishing the goods and/or services from
other goods/services of the same kind.
Pro-
perty,
15. Day is working day.
C H A P T E R II
S C O P E O F MARK
Part O n e
General
Article 2
T h e mark a s stipulated in this law covers trade
and service marks.
Article 3
Right to Mark is an exclusive right granted by the
country to the o w n e r of a mark registered at the
Mark
Part Two
10A
Part Two
Article 4
tion.
his/her proxy.
(3) T h e applicant as m e a n t in paragraph (2) can consist of
or public order;
tory body.
b.
not having
c.
distinguishability
d.
Article 6
(1) T h e Directorate General must reject any application, if
the mark:
representing applicants.
(7) In the case of the application as m e a n t in paragraph
o r totally a s a m a r k
b. b e i n g t h e s a m e p r i n c i p a l l y
mark.
(8) T h e proxy as m e a n t in paragraph (7) is a consultant o f
inte'hctual property rights.
tion if t h e mark:
a. being or having resemblance to names of popular
figures, photos or names of statutory bodies owned
by other parties, unless otherwise based on the written approval o f the rightful party;
b. being imitation o r having resemblance to names o r
a c r o n y m s of n a m e s , flags, signs or symbols or
e m b l e m s of countries o r national and international
institutions, unless otherwise based on the
written
Article 8
(1) Applications for 2 (two) classes of g o o d s o r more a n d /
or services can b e submitted in o n e application.
(2) T h e application as meant in paragraph (1) must m e n tion kinds of g o o d s and/or services s u b s u m e d in classes
whose registration is applied for.
(3) Classes of the g o o d s and/or services a s meant in paragraph (1) are further regulated by a g o v e r n m e n t regulation.
Article 9
tion.
APPLICATION F O R R E G I S T R A T I O N O F MARK
Part O n e
Article 10
Article 7
in Indonesia.
(2) The applicants as meant in paragraph (1) must declare
in Indonesia.
Part T w o
11A
Part T w o
Application for Registration of Mark with Priority Right
receipt.
( 2 ) T h e d a t e of
Article 11
Every application using a priority right must be
r e c e i p t as m e a n t in p a r a g r a p h ( 1 ) is
Part Five
registration of mark
Article 16
Article 17
(1) As long as a d e c i s i o n does n e t yet o b t a i n from the
right.
(2) T h e e v i d e n c e of the priority right as m e a n t in paragraph (1) is translated into the Indonesian language.
(3) In the case of the provisions as meant in paragraphs
(1) and (3) being not fulfilled in a period not later than
as m e a n t in paragraph
off.
C H A P T E R IV
R E G I S T R A T I O N O F MARK
Part T h r e e
Part O n e
Substantive Examination
Registration of Mark
Article 13
(1) T h e Directorate General e x a m i n e s the completeness of
the requirements for registration of mark as meant in
Articles 7, 8, 9, 10, 11 a n d 12.
(2) In the c a s e of shortcomings being found in the c o m pleteness of t h e requirements as meant in paragraph
(1), the Directorate G e n e r a ! asks for completing the
requirements not later than 2 (two) m o n t h s as from
the date of dispatch of the request for completing the
Article 18
(1) Not later than 30 (thirty) d a y s as f r o m t h e d a t e of
receipt as m e a n t in Article 15, the Directorate General
examines the application substantively.
(2) T h e substantive examination as m e a n t in paragraph (1)
is d o n e on t h e basis of the p r o v i s i o n s as m e a n t in
Articles 4, S a n d 6.
(3) T h e substantive examination as meant in paragraph (1)
is completed not later than 9 (nine) m o n t h s .
requirements.
Article 19
(3) In the case of t h e shortcomings dealing with the requirements as m e a n t in Article 12, the deadline of completion of the r e q u i r e m e n t s is 3 (three) m o n t h s at the
m a x i m u m , starting f r o m the date of expiration of the
period of submission of application using a priority right.
is a p p o i n t e d a s and
Article 14
(1) In the case of t h e requirements being not completed in
(3) T h e a u d i t o r
is g i v e n a f u n c t i o n a l
career path
and
in force.
the
be
Article 15
In the case of the whole administrative requirements
as m e a n t in A r t i c l e s 7, 8, 9,
Part Four
(1)
Article 20
(1) In t h e c a s e of a n a u d i t o r r e p o r t i n g r e s u l t s of
10, 11 a n d 12 being
r e s u l t s of
the
Director
12A
e.
by mentioning reasons.
Part T h r e e
based on
the
approval
of t h e
Directorate
whose
registration
applied
for
is
an
is
Article 25
(1) T h e applicant or his/her proxy is entitled to deliver a
rebuttal of the objection as m e a n t in Article 24 to the
Directorate G e n e r a l .
(2) T h e rebuttal as m e a n t in paragraph (1) is submitted in
Part Two
A n n o u n c e m e n t of Application
Article 21
Not later than 10 (ten) days as from the date of
Directorate G e n e r a l .
Part Four
Reexamination
Article 26
Article 22
(1) In the c a s e of a n y o b j e c t i o n
and/or rebuttal,
the
executed by:
in
Mark
Gazette.
(4) In the c a s e of t h e a u d i t o r r e p o r t i n g r e s u l t s of t h e
T h e a n n o u n c e m e n t is done by mentioning:
a.
a proxy;
in s u c h c a s e , t h e
applicant or his/her
proxy
can
appeal.
(5) In the c a s e of t h e a u d i t o r r e p o r t i n g results of t h e
date of receipt;
d.
tion is d e c l a r e d a p p r o v e d f o r r e g i s t r a t i o n
application
in
Gazette.
Article 27
Mark
13A
Article 27
Article 30
(2) In the case of the objection as meant in Article 26 paragraph (5) being unacceptable, the Directorate Genera!
of
application.
(3) In the case of the application being already considered
tered mark;
b. full n a m e and address of the proxy, in the case of
the application being submitted on the basis of the
provision in Article 10;
G e n e r a l e x e c u t e s t h e a n n o u n c e m e n t as m e a n t
e. etiquette of the registered mark, including information on kinds of colors, in the case of the said mark
Directorate
in
along
Indonesian
with
its t r a n s l a t i o n
into
the
Article 31
(1) T h e Mark Appeal C o m m i s s i o n makes a decision not later
paragraph (3).
obtaining
Article 32
Procedures for the application, examination and
settlement of appeal are further stipulated by a presiden-
Part Five
tial decree.
Article 28
Every registered mark secures legal protection for
a period of 10 (ten) years as from the date of receipt and
the protection period is extendible.
Mark Appeal C o m m i s s i o n
Article 33
(1) T h e Mark Appeal C o m m i s s i o n is a special agency which
is independent and belongs to the department in charge
Part Six
Article 29
(1) A n a p p l i c a t i o n
f o r a p p e a l c a n be filed a g a i n s t
the
in
ber a n d m e m b e r s c o m p o s e d of s e v e r a l e x p e r t s
Mark
tive examination.
Article 34
14A
Article 34
regulation.
Directorate
Part Eight
Extension of Protection Period of Registered Mark
Article 35
CHAPTER V
T H E T R A N S F E R O F R I G H T T O R E G I S T E R E D MARK
Part O n e
T h e transfer of right
Article 40
months
registered mark.
a. inheritance;
(3) T h e application for the extension as m e a n t in p a r a graph (2) is submitted to the Directorate General.
b. t .-stament;
c. grant;
d. agreement; or
Article 36
An application for the extension is approved if:
Directorate G e n e r a l f o r b e i n g r e c o r d e d
in the
the
Mark
General List.
(3) T h e application for the transfer of right to the mark as
meant in paragraph (1) is a c c o m p a n i e d by supporting
Article 37
(1) T h e Directorate General rejects an application for the
extension if the said application fails to comply with
the provisions as meant in Articles 35 a n d 36.
(2) T h e Directorate General rejects an application for the
extension, if the said mark has resemblance principally
documents.
(4) T h e transfer of right to the mark already recorded as
meant in paragraph (2) is a n n o u n c e d in Mark Gazette.
(5) T h e transfer of right to a registered mark which is not
recorded in the Mark General List brings a b o u t no legal
consequence to the third party.
in this law.
(1) T h e t r a n s f e r of r igh t t o a r e g i s t e r e d
mark can
be
Court of C o m m e r c e .
' 5 ) O n l y appeal for the S u p r e m e C o u r t can be filed against
paragraph (3).
vision that the guarantee for t h e quality of service provided must be existent.
Article 38
Article 42
T h e Directorate General only can records the transfer of right to a registered mark if it is a c c o m p a n i e d by a
in Mark Gazette.
(2) T h e extension of the protection period of a registered
his/her proxy.
Part Two
Part Nine
License
Article 43
O w n e r of A Registered Mark
Article 39
(1) Every application for recording the c h a n g e in name a n d /
or address of owner of a registered mark is submitted
license to o t h e r p a r t i e s
by a n a g r e e m e n t t h a t
the
f2^ T h e
15A
(2) T h e licensing a g r e e m e n t is effective t h r o u g h o u t the
territory of t h e Republic of I n d o n e s i a , unless otherwise a g r e e d , for a period not longer than the protection period of the relevant registered mark.
(3) T h e l i c e n s i n g
a g r e e m e n t m u s t h a v e its
recording
Article 49
C H A P T E R VI
C O L L E C T I V E MARK
Article 50
Article 44
T h e o w n e r of a registered mark already granting
a license to the other party as m e a n t in Article 43 parag r a p h ( 1 ) can c o n t i n u e to e x e r c i s e directly or g i v e a
license to the o t h e r third party to use the right, unless
otherwise a g r e e d .
(1) Every application for the registration of trade or service marks as a collective mark can be accepted if the
application clearly certifies that the marks will be used
a collective mark.
(2) Besides the affirmation on the use of collective mark
as m e a n t in p a r a g r a p h (1), t h e application m u s t be
a c c o m p a n i e d by copies of provisions on the use of the
Article 45
T h e statement that the licensee can further give a
license to the third party can be stipulated.
Article 46
T h e use of the registered mark in Indonesia by
the licensee is considered the same as the use of the mark
in Indonesia by t h e owner of the mark.
Article 47
(1) A licensing a g r e e m e n t is prohibited from
containing
Mark G e n e r a l
List a n d
announced
in
Mark
Gazette.
Article 51
Every application for the registration of a collective mark is subjected to the examination of completeness
of the requirements as m e a n t in Articles 7, 8, 9, 10, 11, 12
and 50.
(3) T h e Directorate General notifies in writing the rejection a l o n g with its reasons as m e a n t in paragraph (2)
to t h e o w n e r
o f m a r k or h i s / h e r p r o x y , a n d
the
licensee.
Article 52
T h e substantive examination of an application for
a collective mark is d o n e in a c c o r d a n c e with the provisions in Articles 18, 19 a n d 20.
Article 48
(1) In the case of a licensee having good intention, but the
mark is later revoked on the basis of the principal or
total
r e s e m b l a n c e to o t h e r r e g i s t e r e d m a r k s ,
the
Article 53
(1) Any c h a n g e in the provision on t h e use of a collective
mark must have its recording r e q u e s t e d to the Directorate General by a c c o m p a n y i n g a legitimate copy of
e v i d e n c e of the c h a n g e .
(2) T h e c h a n g e as m e a n t in paragraph (1) is recorded in
the Mark General List a n d a n n o u n c e d in Mark Gazette.
(3) T h e c h a n g e in the provision on t h e use of a collective
mark is effective for the third party after being recorded
in the Mark General List.
Article 54
( l ) T h e right to a collective mark only can be transferred
to a
16A
to a r e c i p i e n t c a p a b l e of s u p e r v i s i n g e f f e c t i v e l y
in
tive mark.
cost.
(9) Provisions on procedures for t h e registration of a geographical indication are further regulated by a g o v e r n -
a n n o u n c e d in Mark Gazette.
ment regulation.
Article 55
A registered collective mark c a n n o t be licensed to
another party.
Article 57
(1) T h e holder of right to a geographical indication can file
a lawsuit against parties using the geographical indication without a right in the form of a c o m p e n s a t i o n and
C H A P T E R VII
Part O n e
Geographical
Indication
Article 56
of the geographical environment, including natural facgives certain characteristics and quality to the produced
Article 58
good.
secures protection
after
used
without right.
(2) A g e o g r a p h i c a l i n d i c a t i o n
without
right.
T h e p r o v i s i o n o n the p r o v i s i o n a l stipulation
m e a n t in C h a p t e r XII
of this law is e f f e c t i v e
as
mutatis
Part Two
Indication of Origin
Article 5 9
b.
(3) T h e p r o v i s i o n s o n the a n n o u n c e m e n t as m e a n t in
Articles 2 1 , 22, 2 3 , 24 and 25 are effective
mutatis
Article 6 0
T h e provisions as meant in Articles 57 and 58 are
effective mutatis mutandis for t h e holder of right to an
indication of origin.
C H A P T E R VII
E R A S I N G AND A N N U L M E N T O F R E G I S T R A T I O N O F MARK
Part O n e
Erasing
rejection
Article 61
(1) T h e registration of a mark f r o m can be erased from the
as m e a n t in p a r a g r a p h ( 4 ) c a n
be
m u t a t i s m u t a n d i s for
the
indication
secures
legal
relevant mark.
(2) T h e registration of a mark c a n be erased on the basis
of initiative of the Directorate General if:
a. the mark is not used for 3 (three) years consecutively
b. the
17A
d e c l a r e d ineffective a n y m o r e as f r o m
t h e d a t e of
to:
a. import prohibition;
Article 66
mark
Article 62
in t h e
Mark
Article 67
T h e erasing of registration of a collective mark
Article 63
Part T w o
Annulment
Article 64
Article 68
t h e decision of t h e C o u r t of C o m m e r c e as meant in
Article 63.
(2) T h e content of the decision of the judicial institution as
m e a n t in paragraph (1) is promptly conveyed by the
s e c r e t a r y of t h e r e l e v a n t c o u r t to the
Directorate
applications
to the Directorate G e n e r a l .
(3) T h e lawsuit for the a n n u l m e n t as m e a n t in paragraph
(1) is submitted to the C o u r t of C o m m e r c e .
(4) In the case of the plaintiff and defendant being domiciled outside the territory of the Republic of Indonesia,
the lawsuit can be submitted to the Court of C o m m e r c e
in Jakarta.
Article 65
Article 69
(21 A lawswit
18A
or public order.
j e c t e d to a c o s t w h o s e
government
Directorate
judicial
Article 71
proxy
and
SETTLEMENT OF DISPUTE
his/her
by a
or
a m o u n t is s t i p u l a t e d
regulation.
reasons
for
the
Part O n e
Lawsuit Against Mark
Violation
Article 76
(1) T h e owner of a registered mark c a n file a lawsuit against
e v e r y party t h a t w i t h o u t
right u s e s a m a r k
having
a. lawsuit for c o m p e n s a t i o n ; a n d / o r
Mark Gazette.
(4) T h e annullment a n d delisting of registration of a mark
causes the termination
of legal protection
for
the
relevant mark.
Article 77
T h e lawsuit against the mark violation as m e a n t
in Article 76 can be submitted by a licensee of a registered
m a r k individually
Article 72
of
the
relevant mark.
Article 78
vent the o c c u r r e n c e
of a b i g g e r l o s s , b a s e d o n a
CD-
C H A P T E R IX
mark without
A D M I N I S T R A T I O N O F MARK
Article 73
T h e administration of mark as stipulated
right.
in.this
power.
CHAPTER X
C O S T
Article 75
( l ) T h e submission of every application or application for
Part T w o
( To be continued )
16A
M
/ Continued
( L a w N o . 1 5 / 2 0 0 1 d a t e d A u g u s t 1,2001)
from Business News No. 6661 - 6662 pages
Part Two
9A - ISA J
Article 83
Article 80
(1) A lawsuit for nullifying the registration of a mark is
submitted to the Chairman of the Court of C o m m e r c e
of the appeal.
the
to t h e d e f e n d a n t in t h e
registration of the a p p e a l .
for
the
annullment.
read out not later than 9 0 (ninety) days after the reg-
S u p r e m e Court.
(8) Legal p r o c e e d i n g s for e x a m i n i n g the application for
the appeai must be d o n e not later than 60 (sixty) days
Article 81
T h e procedure for litigating as regulated in Article
80 is effective mutatis mutandis for the lawsuit as stipulated in Article 76.
after t h e d a t e of r e c e i p t of t h e a p p l i c a t i o n
by t h e
S u p r e m e Court.
(9) A decision on the application for the appeal must be
read o u t not later than 9 0 (ninety) days as from the
Part T h r e e
Appeal to the Supreme Court
Article 82
(8).
public.
flPThe
17A
Article 88
f o r t i f i e d , the g u a r a n t e e
money a l r e a d y paid m u s t b e
r e t u r n e d to t h e a p p l i c a n t of t h e s t i p u l a t i o n a n d t h e sair.
read out.
b.
money
alread>
paid m u s '
Part Four
Alternative for Settlement of Dispute
Article 89
Article 64
C H A P T E R XII
P R O V I S I O N A L STIPULATION O F T H E C O U R T
Article 85
Based on sufficient evidence, every party whose
right is inflicted can ask the judges of the Court of C o m merce to issue a provisional stipulation o n :
a.
b. investigate p e r s o n s or s t a t u t o r y b o d i e s
allegedly
Article 86
(1) Every application for the provisional stipulation is submitted in writing to the Court of C o m m e r c e with the
requirements as follow:
materials a n c
products of the violation which can be used as evidence in a criminal case in the mark field; and
f. ask a s s i s t a n c e f r o m e x p e r t s in t h e f r a m e w o r k of
execution of tasks of investigation into crimes in the
mark field;
anc
Polict
C H A P T E R XIV
CRIMINAL
PROVISION
Article 9 0
Article 67
Com-
Article 91
ISA
Article 91
is not yet c o m p l e t e d
upon
Article 92
(1) W h o e v e r intentionally
a n d unrightfully
uses a mark
belong-
still v a l i d
upon the
promulgation
of this
law
are
periods.
same kind which are produced and/or traded is s e n tenced to imprisonment of 5 (five) years at the maxim u m and/or a fine of Rp 1,000,000,000.00 (one billion
rupiah) at the m a x i m u m .
(2) W h o e v e r intentionally
principally
the
a n d unrightfully
uses a mark
s a m e as a g e o g r a p h i c a l
indication
Article 9 7
Lawsuits for the a n n u l m e n t of the marks as meant
in Article 96 paragraph (2) can c o n t i n u e to be submitted
to the Court of C o m m e r c e as m e a n t in Article 68, on the
basis of the reasons as m e a n t in Articles 4, 5 a n d 6.
s e n t e n c e d to i m p r i s o n m e n t . o f 4 (five) y e a r s at the
m a x i m u m and/or a fine of Rp 800,000,000.00 (eight
hundred million) at the maximum.
power.
indications.
Article 99
All technical directives m a d e on the basis of Law
No. 19/1992 as already a m e n d e d by Law No. 14/1997 on
Article 93
W h o e v e r intentionally and unrightfully uses a protected mark on the basis of indications of origin in goods
or services thus having capable of deceiving or misleading
the public about the origin of the g o o d s or services is s e n -
C H A P T E R XVI
CONCLUSION
laximum.
Article
100
Article 94
(1) W h o e v e r trading goods and/or services ascertained or
noteworthy to ascertain that the said goods and/or ser-
101
For public cognizance", this law shall be promulg a t e d by placing it in S t a t u t e B o o k of the Republic
Article 95
T h e crimes as meant in Articles 90, 91, 92, 93
Indon esia.
C H A P T E R XV
TRANSITIONAL
O n August 1,2001
PROVISION
Article 96
(1) E v e r y a p p l i c a t i o n
f o r t h e e x t e n s i o n of
sgd
protection
MEGAWATI
SOEKARNOPUTRI
Promulgated
of
19A
Promulgated in Jakarta
A n o t h e r m a t t e r d e a l s with t h e r e j e c t i o n of a n
O n A u g u s t 1,2001
T H E SECRETARY O F STATE
sgd
to ascertain reasons for the rejection of his/her application more clearly by first notifying the applicant that the
M U H A M M A D M. BASYUNI
STATUTE BOOK O F
T H E REPUBLIC O F I N D O N E S I A O F 2001 N O . 110
ELUCIDATION
O N
LAW NO. 15/2001
CONCERNING
M A R K
I. G E N E R A L
n o m i c , cultural a n d o t h e r life s e c t o r s is a d e v e l o p m e n t
intellectual
ket.
T h e global trade era only can be maintained if a
climate of fair business competition is existent. In this case,
marks play a very i m p o r t a n t role, requiring a
more
stipulation
suffering a bigger loss. In addition, this also contain provisions on arbitration and alternative for the settlement of
disputes to provide wider opportunity in the settlement of
the disputes.
old
mark
law
needs to
be
II. A R T I C L E BY A R T I C L E
Articles 1 a n d 1
Sufficiently clear
C o m p a r e d t o t h e o l d mark law, contrast differe n c e s in this law d e a l with, a m o n g others, the settlement
of an application. Pursuant t o this law, substantive examination is executed after t h e applications fulfill administrative requirements. Previously, the substantive examination
is executed after t h e completion o f a n n o u n c e m e n t of marks.
T h e a m e n d m e n t is i n t e n d e d t o e n a b l e parties faster t o
ascertain whether t h e application is accepted or rejected,
a n d o p e n opportunity for o t h e r parties to raise
objections
a g a i n s t a p p l i c a t i o n s a l r e a d y a p p r o v e d for r e g i s t r a t i o n .
Under the new law, t h e a n n o u n c e m e n t period is 3 (three)
months, shorter t h a n that in t h e old law. A s a result of t h e
cutting of the a n n o u n c e m e n t period, the settlement p e riod of a n application will b e shorter totally in the framework of e n h a n c i n g service f o r the public.
In c o n n e c t i o n with a priority right, this law stipu-
Article 3
Unless otherwise stipulated firmly, what is meant
by parties in this article and s u b s e q u e n t articles in this law
is someone,
several
persons
collectively
or
statutory
bodies.
Article 4
A n applicant having g o o d intention is an application registering his/her mark properly a n d honestly without having any intention to g e t ride o n , copy or crib the
popularity of a mark belonging another party in the interest of his/her business that inflicts a loss on the other
party or causes unfair business competition, carelessness
or misleading to c o n s u m e r s . For example, trade mark A
already known generally by the public for years is cribbed
ration o f t h e priority
right,
t h e s a i d application will be
Article 5
20A
Article 5
Article 7
Letter a
Sufficiently clear
T h e use of a mark capable of hurting the feeling,
Article S
Paragraph (1)
Letter c
use his/her mark for several g o o d s and/or services of seveAn example of the mark is the mark of skull above
services.
Letter d
Sufficiently clear
T h e mark connects with or only mentions goods
Article 9
Sufficiently clear
Article 10
Paragraph (1)
Paragraph (1)
Letter a
in principle
is the
priority right.
r e s e m b l a n c e c a u s e d by significant e l e m e n t s between a
Paragraph (2)
Sufficiently clear
Article 11
This provision aims at a c c o m m o d a t i n g the state
Letter b
Trade Organization.
Article 12
Paragraph (1)
Letter c
Sufficiently clear
Paragraph (2)
Translation is d o n e by a s w o r n in translator.
Sufficiently clear
Paragraph (3)
Paragraph (3)
Sufficiently clear
Letter a
Name
of statutory
body
Article 13
Paragraph (1)
Sufficiently clear
Letter b
Paragraph (2)
National
institutions
includes m a s s organizations
Date
of dispatch
Letter c
Paragraph (3)
Sufficiently clear
m e a n s the d a t e of dispatch on
Sufficiently clear
Article 14
21A
A r t i c l e 14
Sufficiently clear
bilities of appeal from b e i n g used as an instrument to c o m plete t h e s h o r t c o m i n g s in t h e application for fulfilling the
Article 15
Paragraph (1)
Article 30 up t o article 3 2
Sufficiently d e a r
Article 33
Paragraph (1)
after
In e x e c u t i n g its t a s k s , t h e A p p e a l C o m m i s s i o n
date of receipt.
Paragraph (2)
Paragraph (2)
Sufficiently clear
Experts w h i c h c a n be appointed as m e m b e r s of
the Appeal C o m m i s s i o n c a n c o m e from personnel of go-
Article 16 up to article 18
v e r n m e n t o r private institutions.
Sufficiently clear
Article 19
Sufficiently d e a r
Sufficiently clear
Paragraph (5)
Paragraph (3)
Articles 20 a n d 21
Sufficiently clear
Article 34
Suffidentiy d e a r
Article 22
Paragraph (1)
Special
Article 35
means provided
by t h e
Directorate
Paragraph (1)
Suffidentiy d e a r
Paragraph (2)
m i c r o f i l m , m i c r o f i c h e , C D - R O M , t h e internet a n d other
media.
Paragraph (2)
fastest 12 (twelve) m o n t h s as f r o m the expiration of protection period o f the m a r k up to the date of expiration of
Sufficiently clear
Article 23 up to article 28
Paragraph (3)
Sufficiently clear
Sufficiently d e a r
Article 29
Article 36 up to article 3 9
Paragraph (1)
T h e application for appeal is only limited to substantive reasons or considerations becoming the basis for
the said r e j e c t i o n . T h e r e f o r e , the appeal cannot
be
Sufficiently clear
Article 4 0
Paragraph (1)
Other c a u s e s justified by l a w s a s long a s they do
not contravene this law include the m a r k ownership due
to the dissolution of a statutory body formerly being the
owner of the mark.
Paragraph (2)
Sufficiently d e a r
Paragraph (3)
T h e d o c u m e n t s i n c l u d e Certificate of Mark and
other books supporting t h e right ownership.
Paragraph
f4)
22A
Paragraph (4)
Sufficiently clear -
Paragraph (5)
Article 41
Paragraph (L)
Sufficiently clear
Paragraph (2)
Paragraph (2)
Institutions
representing
communities
in
regions
producing
g e o g r a p h i c a l indications a n d t h e institutions
For the purpose, it needs a special guideline formulated by the mark o w n e r (licenser or party transferring
goods
Sufficiently clear
Sufficiently clear
Sufficiently clear
Article 61
Paragraph (1)
Article 46
In the case of the owner of a registered mark not
Sufficiently clear
Paragraph (2)
Letter a
use is calculated from the date of the latest use even though
Letter b
Article 4 7 up to article 4 9
T h e unsuitability in the use covers the unsuitabilability in the use of different color.
Sufficiently clear
Sufficiently clear
Sufficiently clear
Sufficiently clear
aragraph (3)
Provisions o n , a m o n g s t others, nature, general
characteristics and quality of g o o d s or services as well as
Article 68
their
Paragraph (1)
that there
are
secutor, c o n s u m e r a d v o c a c y foundations/institutions
Paragraph (4)
religious
Sufficiently clear
and
councils/institutions.
Article 51 up to article 55
Sufficiently clear
Article 69
Paragraph (1)
Sufficiently clear
Article 56
Paragraph (1)
Paragraph ( 2 ) T h e definition
religious
morality,
decency
or public
contravening
Article 70
23A
Article 70 up to article 74
Article 85
Sufficiently clear
Letter a
T h i s provision is i n t e n d e d to p r e v e n t the party
Article 75
Sufficiently clear
stipulation
Paragraph (3)
T h i s law stipulates provisions on possibilities of
the use of part of non-tax state revenue (PNBP) by the
Directorate General, which c o m e s from all costs connected
with mark.
To use the revenue
and
of
Article 86
Paragraph (1)
Letter a
Evidence
No. 4 3 ) .
of mark
ownership
m e a n s a certificate
Article 76 up to article 79
recording of licensing a g r e e m e n t .
Sufficiently clear
Letter b
Article 80
Sufficiently clear
Paragraph (1)
Letter c
products
Paragraph (2)
Letter d
Sufficiently clear
Sufficiently clear
Paragraph (3)
Unless otherwise stipulated, the secretary of the
Letter e
T h e a m o u n t of guarantee is equal to the value of
Paragraph (2)
Sufficiently clear
Sufficiently clear
Paragraph (7)
Bailiff m e a n s a bailiff at the State Court/Court of
Commerce.
Article 87
Sufficiently clear
Article 88
Letter a
Articles 81 a n d 82
Sufficiently clear
Sufficiently clear
Letter b
Article 83
Sufficiently clear
Paragraph (6)
Documents
of appeal
means application
for